RAJEY Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Mishra, J. This revision is directed against the judgment and order dated 13th July, 1984 passed by IIIrd Addi tional Sessions Judge, Ghaziabad, dismiss ing the appeal preferred against the order dated 21-6-84 passed by Judicial Magistrate, 1st Class, Ghaziabad convict ing the accused in criminal case No. 769/81 under Sections 379 and 4111. P. C. and sen tencing him to undergo R. I. for one year under Section 379 I. P. C. and 2 years R. I. and fine of Rs. 1000/- under Section 411 I. P. C. and in case No. 770/81 convicting him under Section 411 I. P. C. sentencing him to two years R. I. and a fine of Rs. 1000/- and in default to undergo 6 months simple imprisonment.

(2.) THE learned counsel for the revisionist contended that the trial Court committed illegality in convicting the ac cused on the strength of the evidence of hostile witness Om Pal. A perusal of the order passed by the learned Additional Sessions Judge would show that he had found the evidence of Raj Singh reliable. He also held that the evidence of Raj Singh was substantially corroborated by the evidence of Om Pal. He only could not name the accused as they were totally strangers.

(3.) THE revision is partly allowed. THE conviction of the revisionist Rajey under Section 379/4111. P. C. in case No. 769 of 81 and under Section 411 I. P. C. in case No. 770 of 81 is maintained. THE sentence is modified as under.